Near end of sentence for sex assault, man gets two years for probation violation

Tuesday, Feb. 10, was the day David Lamaide expected to completing a 15-year sentence for sexually assaulting a teenager in 1998.

Instead, it turned out to be the day the Green Bay man was sentenced to two years in jail for violating rules of his supervision — just five months before his nine years of probation ended — because of a drunken-driving conviction.

“It’s a sad situation on how his supervision has to end,” defense attorney Bradley Schraven said.

Lemaide was charged March 4, 1999, with 21 counts of second-degree sexual assault of a child, over incidents that occurred from May to November 1998 at a town of Maple Valley home. The girl was 13 and 14 at the time.

He was 20 and 21 and sometimes resided at the home, according to the criminal complaint. In the mid to late 90s he also lived in Oconto, Oconto Falls and Little Suamico, according to online court records.

Lamaide was sentenced Feb. 11, 2000, to six years in prison on one count by then Judge Richard Delforge, who withheld sentencing on two other counts and granted Lamaide 15 years’ probation, to be served concurrently. The other 18 charges were read in and dismissed.

Court records indicate he was released to probation on Feb. 10, 2006. His supervision was revoked in December, however, until after he completed his 45-day jail sentence for third offense operating while intoxicated in Winnebago County.

Lamaide, 37, faced a maximum of 20 years on each count.

His victim, now 30, asked Judge Michael T. Judge to not impose more prison.

“I feel he’s served his time. I’ll never get over what happened, but I’ve moved on,” she said. “He shouldn’t be re-punished. … It’s time for him to move on with his life.”

Oconto County District Attorney Ed Burke said if Lamaide had committed a sexual assault, he wouldn’t have any qualms about seeking more prison time. But he added that except for violating rules about alcohol, Lamaide had apparently done a very good job of following the conditions of probation.

“The state’s dilemma is ‘what we do with this individual?’” he said, noting that the community needs protection, but was it “from a sexual offender or a repeat OWI offender, or both?”

Burke added that it was clear the Department of Corrections had no choice but to revoke Lamaide’s probation, but was stumped over “why someone would do this when they’re that close to discharge.”

Burke — who called Lamaide’s case one of the more unusual he’s dealt with — recommended one year in jail on each count, to be served consecutively.

Schraven said Lamaide had stayed sober for several years, but a series of deaths of several family members and a close friend, followed by his girlfriend leaving, resulted in him drinking again.

Lamaide is employed as a supervisor at a manufacturer in Green Bay, and they will continue to employ him if he’s granted work release, said Schraven, who joined in Burke’s sentencing recommendation.

Lamaide told Judge he’s tried very hard on probation “to do exactly how they want things done.” He started drinking again because he “lost whole bunch of people” from his life, he added.

According to court records, Lamaide received his first offense OWI just eight days after his release on probation. The second came in Brown County in March 2013, with the third in Winnebago County on Sept. 6.

Judge noted that Probation and Parole recommended a sentence of three years in prison.

The victim, though, “feels you have served your sentence and has moved on with her life,” she said. “She came here to speak on your behalf, which is rather unusual.”

Judge also noted that Lamaide has made efforts to improve himself and had no technical violations on supervision, except for consuming alcohol and getting behind the wheel.

Determining further prison time was not necessary, Judge accepted the recommendation of the attorneys, and sentenced Lamaide to one year jail on each count, to be served consecutively.

However, he was given 328 days’ credit, meaning Lemaide has just over 13 months of time yet to serve. Lamaide can serve the sentence in Brown County, and was granted work release.

Lamaide was also ordered to pay $3,587 in previous court costs, attorney and other fees.